Cassation principles Criminal Procedure
Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,804 available principles
Search this collectionمحضر الجلسة
Principle 1057The judgment's omission of the date of its issuance. Invalidates it. The reason for that. - The hearing minutes supplement the judgment in all particulars of the preamble except the date.Criminal Procedure · Source page ٣٤٦- Principle 1059The law does not require the wording of the charge to be set out in the hearing record. - The hearing record’s failure to record a party’s defence in full. Does not vitiate the judgment. A party may expressly request thaCriminal Procedure · Source page ٣٤٧
- Principle 1061A clerical error in stating the case number. It has no effect on the validity of the judgment. Identification of the court that rendered the judgment. The determining consideration is the actual reality, not what was errCriminal Procedure · Source page ٣٤٧
- Principle 1063The absence from the judgment's preamble of the name of the court that issued it. The trial hearing records containing information indicating its issuance by the Court of Appeal. Its sufficiency as proof of the court's nCriminal Procedure · Source page ٣٤٧
- Principle 1064The hearing record supplements the judgment in all particulars of the preamble except the date. - Omission from the judgment of the name of the court. Does not invalidate it so long as the hearing record contains this paCriminal Procedure · Source page ٣٤٧
- Principle 1065A clerical error in the date of the judgment. It has no effect on its validity so long as the hearing record has - 347 - Criminal Procedures and Trials included the correct date. - The determining consideration regardingCriminal Procedure · Source page ٣٤٧
- Principle 1066The failure of the hearing record to record the accused's defense in full. It does not render the judgment defective. The reason therefor.Criminal Procedure · Source page ٣٤٨
- Principle 1067The presumption concerning procedures. Validity. - Alleging something contrary to what is recorded in the hearing minutes or the judgment. Impermissible except by a challenge alleging forgery. The ground of challenge in Criminal Procedure · Source page ٣٤٨
انعقاد الخصومة
Principle 1068The judgment's recording in its preamble of the names of the panel that issued it after they heard the pleadings and signed its draft, and likewise in the remaining minutes of previous hearings. Their omission from the mCriminal Procedure · Source page ٣٤٨- Principle 1069The civil claimant's failure to deposit the security prescribed by law and failure to obtain a decision exempting him from it. Its effect. Inadmissibility of the appeal. The basis thereof. - Failure of the litigation in Criminal Procedure · Source page ٣٤٨
علانية الجلسات والنطق بالحكم في العلانية
Principle 1070The indictment is an official procedural document in the litigation. It must be signed by the person authorized to issue it. The reason therefor and its effect. Its lack of a signature results not only in its invalidity Criminal Procedure · Source page ٣٤٨- Principle 1071The requirement of confidentiality for juvenile court hearings and the prohibition on attendance by anyone other than the juvenile, his relatives, witnesses, lawyers, probation officers, and persons whom the court permitCriminal Procedure · Source page ٣٤٩
- Principle 1072The trial of a juvenile must be conducted in a closed hearing. Pronouncement of judgment must take place in a public hearing.Criminal Procedure · Source page ٣٤٩
أ- التحقيق أمام المحكمة "بوجه عام".
Principle 1074Pronouncement of the judgment in a closed hearing. Its effect: its nullity. - 349 - Criminal Procedures and Trials Third: Investigation and Proof at the Hearing A- Investigation before the Court "In General".Criminal Procedure · Source page ٣٤٩- Principle 1075The court's failure to conduct an investigation that was not requested of it. It cannot validly be the subject of an objection.Criminal Procedure · Source page ٣٥٠
- Principle 1076The Court of Appeal adjudicates on the basis of the papers. It conducts only such investigation as it considers necessary. The trial court may dispense with hearing witnesses so long as the accused has expressly or impliCriminal Procedure · Source page ٣٥٠
- Principle 1077Procedures taken by the trial court of its own motion. Preparatory decisions which it may revoke. The appellate court adjudicates on the basis of the papers. It conducts only such investigation as it considers necessary.Criminal Procedure · Source page ٣٥٠
- Principle 1078A request to conduct an inspection that is not directed towards negating the act or establishing the impossibility of its occurrence. Granting it or responding to it. Not necessary.Criminal Procedure · Source page ٣٥٠
- Principle 1079The trial court's confidence in the evidence it cited establishing the offence of narcotic use. Its rejection of the request for referral to forensic medicine to establish use. No infringement of the right of defence. ThCriminal Procedure · Source page ٣٥٠
- Principle 1080The Court of Appeal conducts only such investigation as it considers necessary. A challenge based on its failure to undertake a procedure which the appellant refrained from requesting and which it, for its part, did not Criminal Procedure · Source page ٣٥١
- Principle 1081The appellate court rules on the basis of the papers. It is not obliged to conduct an investigation it does not consider necessary. Its disregard of a defence request for that. No infringement of the right of defence. AnCriminal Procedure · Source page ٣٥١
- Principle 1082The court of merits is not obliged to grant a request to hear defence witnesses where that is unnecessary for deciding the case.Criminal Procedure · Source page ٣٥١
- Principle 1083The appellate court decides the case on the basis of the papers. It is not obliged to conduct an investigation. Hearing witnesses. Discretionary for it, according to what becomes apparent to it.Criminal Procedure · Source page ٣٥١
- Principle 1084A request to conduct an investigation or appoint an expert that the court does not consider necessary. Disregarding it. It does not render the judgment defective.Criminal Procedure · Source page ٣٥١
- Principle 1085Admission in criminal matters. Its nature. - Severing the accused's admission. Within the authority of the trial court. The condition for this. - 351 - Criminal Procedures and TrialsCriminal Procedure · Source page ٣٥١
- Principle 1086The trial court may sever the accused's admission. An admission need not cover the offence in all its elements. - It suffices that it concern facts from which the court infers proof of his commission of the offence. - ThCriminal Procedure · Source page ٣٥٢
- Principle 1087The witness's or accused's familiarity with Arabic. Its effect. The court is not obliged to engage an interpreter, this being a question of fact which it has the right to assess. - The accused's answering before the triaCriminal Procedure · Source page ٣٥٢
- Principle 1088The general rule is that the appellate court is not obliged to conduct an investigation in the case. - Deciding whether to grant or reject a request to hear witnesses. Within the court's discretion according to what the Criminal Procedure · Source page ٣٥٢
- Principle 1089A request to hear defence witnesses. Its condition. That it be necessary for determining the case and that the court not be at liberty to refrain from granting it or responding to it. The reason for that.Criminal Procedure · Source page ٣٥٢
- Principle 1090Procedures for taking samples or substances from the body of the accused being searched. The absence in the Criminal Procedure Law of a provision specifying them. The purport thereof. - A deficiency or error in the manneCriminal Procedure · Source page ٣٥٢
- Principle 1091The appellate court may dispense with hearing witnesses with the consent of the accused or his defence counsel, expressly or implicitly through conduct indicating it. - The court of second instance generally rules on theCriminal Procedure · Source page ٣٥٢
- Principle 1092Taking and analyzing a urine sample: if it was the product of an act of expert examination undertaken at the request of the Public Prosecution following an investigation, a challenge alleging the invalidity of the analysCriminal Procedure · Source page ٣٥٣
- Principle 1093Failure to request that a prosecution witness be heard before the court of first instance. Its implication. Implicit waiver of this request. The appellate court is not obliged to grant the request to hear him. The reasonCriminal Procedure · Source page ٣٥٣
- Principle 1094A request to hear defence witnesses. A defence on the merits. The court is not obliged to pursue the accused's argument in this respect and respond to it separately once it is satisfied that he is the person intended by Criminal Procedure · Source page ٣٥٣
- Principle 1095The Court of Appeal. Adjudicates on the basis of the papers and conducts only such investigation as it considers necessary to conduct. It may dispense with hearing the prosecution witnesses. Its condition: the express orCriminal Procedure · Source page ٣٥٣
- Principle 1096The Court of Appeal. The general rule is that it decides on the basis of the papers and conducts only such investigations as it considers necessary. The papers containing nothing indicating that the appellant previously Criminal Procedure · Source page ٣٥٣
- Principle 1097Confession is an element of inference. The trial court may assess its validity and probative value and assess the validity of the accused's claim that it resulted from coercion. The court's failure to conduct an investigCriminal Procedure · Source page ٣٥٤
- Principle 1098Following the accused through every element of his substantive defence and answering its particulars. Not obligatory for the court of merits. The reason therefor. - Granting the defence’s request to appoint an expert in Criminal Procedure · Source page ٣٥٤
- Principle 1099A police officer may hear the statements or defense offered by the accused and record his confession in his report without interrogating him. - Interrogation prohibited to anyone other than the investigating authority. ICriminal Procedure · Source page ٣٥٤
- Principle 1100The appellate court rules on the basis of the papers and conducts only such investigations as it deems necessary. - The appellants' making a request to summon the female forensic physician in their defence memorandum subCriminal Procedure · Source page ٣٥٤
- Principle 1101The court’s right to withdraw a measure it has taken of its own motion if it considers that disclosure of the truth - 354 - Criminal Procedure and Trials does not depend on implementing that measure. The reason therefor.Criminal Procedure · Source page ٣٥٤
- Principle 1103The appellant and the second accused supplied the third accused with an old scrap certificate and asked him to modify its particulars using a computer; he entered those particulars into the computer, made the requested mCriminal Procedure · Source page ٣٥٥
- Principle 1104The court may disregard exculpatory evidence even if contained in official documents, provided that it may reasonably be inconsistent with the truth of which it is satisfied from the other evidence existing in the case.Criminal Procedure · Source page ٣٥٥
ب- للمحكمة رفض توجيه أسئلة الدفاع للشهود
Principle 1105Proof in criminal matters turns on the judge's conviction based on the evidence presented to him, unless the law restricts him to specified evidence for which it provides. - The law has not prescribed particular evidenceCriminal Procedure · Source page ٣٥٥- شرعية الجرائم والعقوبات والحريات
Principle 1106The right of the trial court to refuse to put defence questions to a witness. Its cases. Article 167/2, Procedure. An example of a case in which the court may refuse to put the question. - 356 - Criminal Procedures and TCriminal Procedure · Source page ٣٥٦- Principle 1107A criminal's escape from punishment does not harm justice as much as encroaching upon people's freedoms and arresting them without right.Criminal Procedure · Source page ٣٦١
- Principle 1108Every conviction judgment must include the statutory provision under which judgment was rendered. The basis for this: the principle of legality of crimes and punishments. - Omission from the first-instance judgment, whosCriminal Procedure · Source page ٣٦١
- Principle 1109Arrest. It is seizing a person's body, restricting his movement and depriving him of freedom of movement. - Detention. It is deprivation of liberty for a period of time. - Any restriction on personal liberty, whether arrCriminal Procedure · Source page
- Principle 1110Freedom of the press, printing and publication in a manner enabling the press and media to fulfil their mission and exercise their role. A constitutional principle. Its effect is confined to the conditions and circumstanCriminal Procedure · Source page
- Principle 1111A plea of invalidity of evidence derived from a search. May be raised only by a person for whose protection these legal formalities were prescribed. - Searching the car owned by the company for which the appellant works,Criminal Procedure · Source page